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Questions Answered by Richard Hochhauser
4 Answers | Asked in DUI / DWI for New York on
Q: I live in new york and was charges with aggravated dui in may 2020 and have yet to be arrainged it was to be june 6 2020

The court postponed it, is there a time limit for the court to do so despite covid. it is being done virtually and on the phone at that court

Richard Hochhauser
Richard Hochhauser answered on Jan 11, 2021

Unfortunately, you are in a similar situation as hundreds of individuals, as nearly all cases since the beginning of COVID have yet to be arraigned. While the statutory speedy trial time has not begin to run under CPL 30.30, there is also a constitutional right to speedy trial. Having said that,... Read more »

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2 Answers | Asked in Criminal Law for New York on
Q: My friend was arrested for theft of a vehicle by his ex girlfriend he has keys vehicle and title. Title has him as buyer

He hasnt signed the title yet but hes in possession of title keys vehicle and his name is printed as buyer on title and has registration application and statement of transaction, sale or gift filled out in his name and he signed that and seller signed. Seller also signed title

Richard Hochhauser
Richard Hochhauser answered on Dec 3, 2020

Ownership of property is an absolute defense to larceny charges. This case will likely come down to whether your friend can show that he had ownership.

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2 Answers | Asked in DUI / DWI and Traffic Tickets for New York on
Q: Im doing thing in class about Kevin Harts drag race insident, what would you give Hart as a punishment and why?

How many years woud you have him serve?

Richard Hochhauser
Richard Hochhauser answered on Dec 3, 2020

Would be glad to discuss this assignment with you. You can reach me at my office at 516-939-1529.

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2 Answers | Asked in Criminal Law and DUI / DWI for New York on
Q: If I have a bench warrant in NY and have a court case in PA would I get arrested in court when I appear in court in PA
Richard Hochhauser
Richard Hochhauser answered on Dec 3, 2020

If you were in custody in PA, then PA will look to see if you have a "hold" in New York, which means that New York has an active warrant for you. Even if there were an active warrant, New York would still need to be willing to extradite you in order to hold you.

If you are going...
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